Refund policy
Incoming goods inspection, acceptance, reinforcement charges
(1) If acceptance is required, the customer may not refuse acceptance due to minor defects.
2. notwithstanding the outgoing inspection by LAMBRECHT meteo GmbH, the customer shall immediately inspect the delivered products to the extent customary in the trade for any material defects and, if already possible, for functional defects. Recognizable material and functional defects must be reported in writing and in advance in electronic form immediately upon receipt of the delivery. The same applies to hidden defects immediately after discovery of the material defect or malfunction. Material defects also include deviations in quantity, dimensions and type (§ 378 HGB - aliud delivery). If the customer fails to give notice of defects in due form, he shall lose the right to assert claims for defective performance.
3. at the request of LAMBRECHT meteo GmbH, the customer shall allow authorized representatives of LAMBRECHT meteo GmbH to inspect the products complained about. If necessary, the examination shall be carried out under operating conditions. The customer may not make any changes (processing, repair) to the products complained about, install them in assembled products or use them for any other operational purpose until LAMBRECHT meteo GmbH has decided whether the complaint is to be recognized as justified or rejected. If the customer culpably breaches these obligations, he shall forfeit any claims based on the alleged material or functional defect.
Performance disruptions due to material or functional defects
1. if a material or functional defect is proven, LAMBRECHT meteo GmbH shall be entitled to choose the type of subsequent performance (replacement delivery or repair). The customer shall only be entitled to assert further claims and to remedy the defect himself after the subsequent performance efforts have failed.
2. the place of performance for all claims for subsequent performance shall be the works of LAMBRECHT meteo GmbH in Göttingen. The customer shall disassemble the defective product with his own personnel and at his own expense and transport it properly packaged to the factory of LAMBRECHT meteo GmbH in Göttingen; the customer shall be liable for any damage caused by improper packaging. The customer shall reassemble the repaired product or a product delivered as a replacement with his own personnel and at his own expense.
(3) LAMBRECHT meteo GmbH shall be entitled to fulfill any claims for subsequent performance asserted after the occurrence of a technical change to a series product by supplying a compatible replacement product while maintaining the contract.
(4) If the customer can assert statutory claims for damages due to a material or functional defect, LAMBRECHT meteo GmbH shall only be liable for consequential damages not inherent in the delivered item itself up to a maximum of the invoice value of the product complained about. Liability remains unaffected insofar as mandatory provisions of the Product Liability Act or indispensable provisions of general tortious producer liability apply.
5) LAMBRECHT meteo GmbH shall not be liable for material and functional defects caused by improper use, faulty installation, improper commissioning, natural wear and tear, excessive or improper use, improper storage, use of unsuitable equipment/tools or other circumstances in the customer's sphere of operation which were unforeseeable or beyond the control of LAMBRECHT meteo GmbH.
6. a) Unless otherwise agreed, claims and rights due to defective performance with regard to material and functional defects shall become time-barred 12 months from the date of dispatch of the goods. The same applies to the notification of readiness for shipment, provided that the shipment requires the cooperation of the customer.
b) The right to reduce the price or to withdraw from the contract due to a material or functional defect shall be limited in time in the same way as regulated above under letter a).
c) The statutory time limits shall apply to intentional or fraudulent conduct and to product liability claims for personal injury.
7) Replaced parts shall become the property of LAMBRECHT meteo GmbH.
(1) If acceptance is required, the customer may not refuse acceptance due to minor defects.
2. notwithstanding the outgoing inspection by LAMBRECHT meteo GmbH, the customer shall immediately inspect the delivered products to the extent customary in the trade for any material defects and, if already possible, for functional defects. Recognizable material and functional defects must be reported in writing and in advance in electronic form immediately upon receipt of the delivery. The same applies to hidden defects immediately after discovery of the material defect or malfunction. Material defects also include deviations in quantity, dimensions and type (§ 378 HGB - aliud delivery). If the customer fails to give notice of defects in due form, he shall lose the right to assert claims for defective performance.
3. at the request of LAMBRECHT meteo GmbH, the customer shall allow authorized representatives of LAMBRECHT meteo GmbH to inspect the products complained about. If necessary, the examination shall be carried out under operating conditions. The customer may not make any changes (processing, repair) to the products complained about, install them in assembled products or use them for any other operational purpose until LAMBRECHT meteo GmbH has decided whether the complaint is to be recognized as justified or rejected. If the customer culpably breaches these obligations, he shall forfeit any claims based on the alleged material or functional defect.
Performance disruptions due to material or functional defects
1. if a material or functional defect is proven, LAMBRECHT meteo GmbH shall be entitled to choose the type of subsequent performance (replacement delivery or repair). The customer shall only be entitled to assert further claims and to remedy the defect himself after the subsequent performance efforts have failed.
2. the place of performance for all claims for subsequent performance shall be the works of LAMBRECHT meteo GmbH in Göttingen. The customer shall disassemble the defective product with his own personnel and at his own expense and transport it properly packaged to the factory of LAMBRECHT meteo GmbH in Göttingen; the customer shall be liable for any damage caused by improper packaging. The customer shall reassemble the repaired product or a product delivered as a replacement with his own personnel and at his own expense.
(3) LAMBRECHT meteo GmbH shall be entitled to fulfill any claims for subsequent performance asserted after the occurrence of a technical change to a series product by supplying a compatible replacement product while maintaining the contract.
(4) If the customer can assert statutory claims for damages due to a material or functional defect, LAMBRECHT meteo GmbH shall only be liable for consequential damages not inherent in the delivered item itself up to a maximum of the invoice value of the product complained about. Liability remains unaffected insofar as mandatory provisions of the Product Liability Act or indispensable provisions of general tortious producer liability apply.
5) LAMBRECHT meteo GmbH shall not be liable for material and functional defects caused by improper use, faulty installation, improper commissioning, natural wear and tear, excessive or improper use, improper storage, use of unsuitable equipment/tools or other circumstances in the customer's sphere of operation which were unforeseeable or beyond the control of LAMBRECHT meteo GmbH.
6. a) Unless otherwise agreed, claims and rights due to defective performance with regard to material and functional defects shall become time-barred 12 months from the date of dispatch of the goods. The same applies to the notification of readiness for shipment, provided that the shipment requires the cooperation of the customer.
b) The right to reduce the price or to withdraw from the contract due to a material or functional defect shall be limited in time in the same way as regulated above under letter a).
c) The statutory time limits shall apply to intentional or fraudulent conduct and to product liability claims for personal injury.
7) Replaced parts shall become the property of LAMBRECHT meteo GmbH.